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PART 2 RULES OF THE DIRECTOR OF HUMAN RESOURCES
HEALTH AND SAFETY
§9-1 Medical Guidelines
§9-2 Kinds of medical examinations
§9-3 Administration of medical examinations
§9-4 Failure to meet employment requirements
§9-5 Health and safety
Historical Note: Chapter 9 of part 2 is based substantially on subchapter 1 of chapter 9 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
§9-1 Medical guidelines.
The director is authorized to establish medical guidelines related to performing the essential job functions for the City's classes of work. In establishing these guidelines, the director may consult with medical professionals, the applicable department or appointing authority, or other appropriate specialists. These guidelines will:
(1) Ensure that persons seeking employment in the city civil service system meet the medical and physical requirements necessary for the safe and efficient performance of the essential functions of the position for which they are being medically evaluated.
(2) Ensure that employees are able to perform the essential functions of their positions. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-18)(Imp: HRS §§76-12, 76-13)
§9-2 Kinds of medical examinations.
(a) Pre-employment Medical Examination. A pre-employment medical examination is a medical examination to evaluate the person's ability to satisfactorily perform the essential job functions of the position for which the individual is being hired. The director shall determine whether a pre-employment medical examination is required.
(b) Medical evaluation. A medical evaluation is a medical examination to evaluate the employee's ability to satisfactorily perform the essential functions of the employee's current position.
(1) Periodic medical evaluation shall be required of all employees holding positions in classes for which such examinations are required by law or which the director finds, based on the nature of the work performed or other interests of the City, an evaluation is necessary.
(2) The appointing authority may require a medical evaluation whenever it is necessary to determine the employee's ability to safely perform the essential functions of the employee's present position.
(3) If an employee is selected for a promotion, transfer or other change to a position in a class for which the medical and physical requirements to perform the essential functions exceed those required for the
employee's present position, and the director has determined that a medical evaluation is required for the position, the employee shall be medically evaluated prior to appointment. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-18) (Imp: §§76-12, 76-13)
§9-3 Administration of medical examinations.
The City's designated physician shall be responsible for the administration of medical examinations. Upon the request of any applicant or employee, the director may authorize an examination by the person's own physician at the person's own expense. The evaluation to determine whether the person meets the medical requirements for initial appointment or continued employment shall be made by the City's designated physician. Determination of employment action shall be made by the director or appointing authority as provided in these rules.
[Eff Jul 01 2002] (Auth: HRS §§76-17, 76-18)(Imp: HRS §§76-12, 76-13)
§9-4 Failure to meet employment requirements.
(a) In determining whether a person is qualified for initial appointment or continued employment, the director or appointing authority shall review medical as well as other pertinent information from the City's designated physician, the individual, or any other appropriate source regarding the person's ability to currently perform the essential functions of the position.
(b) If it is determined that an applicant does not meet the employment requirements for initial appointment, the applicant shall be disqualified for appointment. The director shall notify the applicant in writing of the reason(s) they are denied from further employment consideration for the position for which they applied.
(c) If it is determined that an employee does not meet the medical requirements for continued employment, the appointing authority shall notify the director in writing prior to taking any action. Upon concurrence by the director, the appointing authority shall notify the employee in writing of the reason(s) for disqualification and action to be taken.
(d) The director shall prescribe the procedures on the placement of employees on a city-wide basis whenever, upon medical evaluation, employees do not meet the medical requirements to perform the essential functions of their positions. If there is no suitable position for which an employee meets the minimum qualification and medical requirements, the appointing authority may terminate the employee's employment. Upon termination, the former employee shall be eligible to be placed on the priority placement list, if the employee meets the requirements to be placed on this list, or on the appropriate re-employment list for which the former employee meets the minimum qualifications and medical requirements. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-18)(Imp: HRS §§76-12, 76-13)
§9-5 Health and safety.
(a) The director may establish health and safety policies, procedures and standards designed to prevent accidents, deaths, illnesses, injuries, and property damage through elimination or reduction of unsafe practices and hazardous conditions.
(b) The appointing authority is responsible for:
(1) Developing written departmental health and safety policies and procedures.
(2) Establishing and administering approved health and safety programs in accordance with policies, procedures and standards established by the director or other applicable laws, regulations, guidelines and standards.
(3) Reporting on health and safety activities of the department as requested by the director. [Eff Jul 01 2002] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
|Last Reviewed: Tuesday, October 07, 2003|